Case Scenario: Big Time Toymaker Essay

Case Scenario: Big Time Toymaker Based on the Case Scenario: Theory to Practice scenario involving Big Time Toymaker (BTT), a company that develops, manufactures, and distributes board games and other toys globally, entered into an agreement with Chou, an independent inventor of a new strategy game he name Strat, to distribute this new game. However, over more than a 90-day period, BTT reneged on the agreement and was in breach of contract stating BTT were no longer interested in distributing Chou's new strategy game. This paper examines whether BTT and Chou, in fact, have a contract, and what remedies may apply, through answering the following six questions.
At what point, if ever, did the parties have a contract? To answer this…show more content…

This clearly shows the impact of communication via e-mail on the validity of a contract regardless of how much the specifics appear to be ambiguous. This is because Chou was under the impression that the e-mail sent by BTT that stated all the terms was meant to replace his earlier notion of drafting a distribution agreement. According to All Business (2012): "If an e-mail or chain of e-mails clearly states an offer for entering into a deal with all of the material terms and the other side responds by e-mail accepting the terms, then there's a good chance that a valid contract has been formed — even though no signatures have been exchanged. (2012)"
What role does the statute of frauds play in this contract? There are certain agreements made that are required to be written that cannot be verbal are governed by the Statute of Frauds. Because e-mails had been exchanged between both parties stipulating the same subject matter, and there key terms of the distribution agreement, which included the price, time frames, and obligations of both parties stated in the e-mail; this exchange can be evidence as proof of an agreement to contract. According to Cavnett (2009): "If you make a verbal agreement and wish to avoid the problems with evidence, you can simply ask for written confirmation of the terms of your agreement. This can be done simply by writing an e-mail to the other person outlining the terms you verbally agreed on.

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Assuming that BTT and Chou had a contract, and BTT breached the contract by not distributing the game, the remedies that may or may not be applied will be discussed. There are several questions to be answered. One is at what point, if ever, did the parties have a contract? Another question is what facts may weigh in favor of or against Chou in terms of the parties’ objective intent of contract? The…

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1. At what point, if ever, did the parties have a contract?
a. Chou and BTT entered into an agreement that "stipulated that no distribution contact existed unless it was in writing." The e-mail that was sent by BTT would be a contract because it shows the intent and any normal person would assume as Chou did that this was a contract from the negotiations. According to Melvin (2011), this is called the objective standard…

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Timothy Morris
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1. At what point, if ever, did the parties have a contract?
In this scenario I believe there are two different times the Big Time Toymaker and Chou entered into agreement. When Chou and Big Time Toymaker (BTT) discussed a verbal agreement 3 days before the deadline would be the first instance. Second would be the email Chou received from BTT. In the email it provided Chou with a time frame, terms, price that…

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1) At what point, if ever, did the parties have a contract not including the "negotiation rights" contract?
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Case Scenario: Big Time Toymaker
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Case Scenario: Big Time Toymaker
Big Time Toymaker (BTT) develops, manufactures, and distributes board games and other toys in North America, Chou is the inventor of a new strategy game he calls Strat. BTT had an interest in distributing Strat and entered into an agreement with Chou, offering him $25,000 in exchange for exclusive negotiation rights for a 90-day period. This agreement stipulated that no distribution contract existed unless it was in writing…

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